Abstract: This research is dedicated the study of the elements of crime set by Article 159.1 of the CCRF, based on the analysis of the concept of “fraud in the lending industry”, which forms the title of this work. The author meticulously examines such aspects as applicability of the Article 159.1 of CCRF for protection of the lending industry from fraud, identification of the victims of fraud in the lending industry, as well as signs of characteristics of such crime. Special attention is allocated to the problem of demarcation of the concepts of “deliberate false information” and “inaccurate information”, as well as designation of the object of fraud in the area of financed property acquired as the result of consumer or commercial lending. The novelty of this research consists in the fact that the author is first to examine the language used by the legislator in titling the Article 159.1 of the CCRF for perception and interpretation of the aforementioned criminal law.  

Keywords: Inaccurate information, Borrower, Commercial loan, Consumer loan, Collection agencies, Microloans, Secondary lenders, Lenders, Financial fraud, fraud

Abstract: This article is dedicated to the questions of organization of prosecutorial supervision of legality and justification of the decisions issued by the preliminary investigation bodies on refusals to institute a criminal case. The author reveals the procedural aspects of organization of prosecutorial[WU1]  oversight is this section of pre-trial proceedings, as well as the forms of interaction between the prosecutor’s office and bodies of inquiry and preliminary investigation. The subject of this research is the norms of the Criminal Procedural Code of the Russian Federation, statistical data of the Prosecutor General's Office of the Russian Federation, court rulings, as well as scientific literature on this matter. The author notes a significant amount of cancelled by a prosecutor decrees on the refusal to initiate a criminal case alongside the common cases associated with the repeated cancellation by a prosecutor of the decrees on refusal to initiate a criminal case adopted based on the materials of inspecting the same claim, which testifies to the low quality of the investigative work. Due to this, for the purpose of remedying the situation, the author provides specific suggestions of procedural and organizational legal character.  [WU1]

Keywords: Crime prevention, Access to justice, Criminal case initiation, Coordination meeting, Briefing session, Interaction, Organization of prosecutorial oversight, Investigation oversight, Inquiry, Prosecutorial supervision

Abstract:   The subject of this research is the conceptual grounds of formation of the legislative coverage system aimed at organization and functioning of the administrative autonomy of regions and districts at the initial stage of the establishment of modern Russian statehood during the 1990-1992. Special attention is given to the development of the legal model of interaction between the legislative and executive branches in districts and regions; integration of the principles of sovereignty of the congresses and division of powers in the concepts and projects of organization of the regional government agencies; as well as characteristic of the key stages of legislative regulation of the regional systems of administration. The conducted analysis allows concluding that in the early 1990’s, the formulation of legal theoretical grounds of organization of the administrative autonomy in districts and regions was associated with the creation of the model of cooperation between the representative and executive  authorities based on the core principle of Soviet statehood – the sovereignty of the Congresses. The need for modernizing the acting Soviet administrative legal system in districts and regions led to the gradual integration of the new institutions – local self-governance, executive authority, and chief executive realized within the system of separation of powers. As a result, using the transitional and emergency legislation, were created the systems of executive and representative branches of authority, which functioned based on the various conceptual grounds.  

Keywords: Constituents of Federation, Regional administration, Local self-governance, Soviet legislation, Legislative acts, Executive authority, Legislative authority, Congress of People’s Deputies , Public administration, System of government

Abstract: The subject of this research is the agrarian policy of the government of the Russian Empire pertinent to the former state and appanage peasants of Arkhangelsk Governorate over the period from 1861-1917. The land reform in the aforementioned region was conducted in conjunction with the example of the central governorate with a focus on the regional specificity. The distinctness of historical legal development of the Arkhangelsk Governorate, which consisted in lack of the private feudal dependency of the majority of northern peasantry and vivid regional aspects of the peasant community, defined the peculiarities of implementation of the government agrarian policy of the late XIX – early XX centuries. Special attention is given to the problem of legal regulation of land ownership of the peasants. Particularly, the uncertainty of legal status of the historically established two forms of land ownership – civil allotments and crown lands taking for clearing under the right of 40-year use, in practice created the circumstances for abusing the ownership rights by peasants, and thus, led to litigation. Relevance of this this research topic is associated with the search for the way to develop the agrarian sector of the Russian economy in the rich experience of the reforms of the late XIX – early XX centuries. The author comes to the conclusion on the controversy and inefficiency of the policy of the Russian Empire with regards to peasants, which left unsolved led to problems of not only economic, but also political nature.

Keywords: volost court, appanage peasants, state peasants, clearing, government land, allotment land, community, agrarian reform, customary law, law

Abstract: This article examines such aspects of the topic as the financial, material, information, and human resources of the party. The resource base is essential for functioning and attracting of new supporters, as well as promoting the ideological views of the party onto the general public. Traditional approaches towards the mobilization of resources become less demanded in proportion to the increased political competition, leading to the problem of finding the new ways of raising funds. The author deviates from the traditional approach of viewing the resources of the party exceptionally in form of the financial means, suggesting a more extensive interpretation of this phenomenon. Mobilization of resources by the party becomes a substantive task, especially in the conditions of economic crisis. Finances enable the ability to function. Human resources define the quality of the political work. Information resources ensure its recognition; a political instrument of attracting voters by broadening the channels of reaching citizens.

Keywords: human resources, symbolic capital, membership fee, informational resources, finance, party, crowdfounding, state budget, foreign agent, mass media

Abstract: The subject of this research is the conceptual grounds of formation of the basic system of interaction be between the legislative and executive branches of government in constituents of the Russian Federation, formulated in the process of adopting the framework federal law that establishes the general principles of its organization over the period of 1994-1999. Special attention is given to the problems of participation of the President, Government, and Federal Assembly in development of the framework concept of regional administration, formation of the theoretical provisions of the two basic draft laws – governmental and parliamentary, which consolidate the conceptually different approaches towards organization of cooperation between the regional authorities, as well as political legal peculiarities of preparing the final version of the bill. The theoretical foundation of the research leans on the theories of modernization, separation of powers, and federalism. The conducted analysis allows concluding that during the period of 1994-1999, the formulation of the unified legal conceptual grounds for organizing the legislative and executive branches of government in subjects of the Russian Federation, was realized in accordance with the principles of separation of powers and demarcation of the competencies and authorities between the center and the regions. In determination of the basic model of organization of regional government under the conditions of establishment of political system of the Russian Federation and its subjects, the author detected the significant contradictions between the participants of the lawmaking process, which allowed identifying the general conceptual grounds of the law “On the General Principles of Organization of the Legislative (Representative) and Executive Bodies of the State Power of the Subjects of the Russian Federation”, although it did not determine the functional dependency and interaction between the legislative and executive branches of government in the regions within the system of restrictions and counterweights.

Keywords: Russian Federation , Separation of powers, Legal regulation, Head of executive branch, Subject of Federation, Legal concept, Legislative branch of government, Executive branch of government, Legislation, Regional government

Abstract: This article is dedicated to examination of the essence and content of the criminal statutory provision as a juridical phenomenon. The author defines the legal and social meaning of the criminal statutory provision, reveals its characteristic features, connection with the criminal legal norm, and mechanism of its inclusion into the structure. The statutory provision is viewed in terms of the system of criminal law and law enforcement; the author concurrently emphasizes that the source of the criminal normatively legal regulation, as well as the criminal legal norm can be the law enforcement practice. The subject of meticulous consideration became the classical concept, in accordance with which the legal norm is deemed not only basic, but also primary element of the criminal law system. The term of “statutory provision” was introduces into the criminal legal doctrine in the first half of the XX century, however until the present time the corresponding legal phenomenon remains insufficiently studied. The author suggests a new definition to the criminal statutory provision in social and legal context, as well as provides an original concept of acknowledging the statutory provision as primary element of the general system of criminal law and law enforcement.

Keywords: independence of criminal legal norm, primary element of system, system of criminal legislation, criminal legal system, sources of criminal law, law enforcement, multiplicity of criminal statutes, criminal statutory provision, structure of criminal legal norm, criminal legal norm

Abstract: This article conducts a comparative analysis of the rules for imposing punishment in the presence of mitigating circumstances in the countries of Anglo-Saxon legal family, Romano-Germanic legal family, socialist legal family, and religious legal family. Particular attention is given to the research of establishing the rules for imposing punishment in the presence of mitigating circumstances in the United States, as well as in countries of the Romano-Germanic legal family, since the criminal laws of the indicated countries provide more specific rules for imposing punishment in cases with mitigating circumstances. The result of this work became the conclusions on the order of establishing rules for imposing punishment in cases with mitigating circumstances in criminal laws of the states belonging to different legal families. The conducted research allowed drawing the following conclusions. Firstly, in the criminal laws of most countries of Anglo-Saxon legal family, there are no rules for imposing punishment in the presence of mitigating circumstances. The exception is the United States Federal Penalties Guidelines. Secondly, most countries of the Romano-Germanic legal family adopter the criminal lows that provide fairly specific rules for imposing punishment in the presence of mitigating circumstances. At the same time, such rules differ in bases of application, order of imposition of punishment in cases with mitigating circumstances and the mechanism of reduction of punishment. Thirdly, the rules for imposing punishment in the presence of mitigating circumstances in criminal laws of the majority countries of the socialist legal family are almost identical to such stipulated in the Criminal Code of the Russian Federation of 1996. A significant step forward in this regard made only by the Criminal Code of Kazakhstan and the Criminal Code of Moldova. Fourthly, in the vast majority of countries of the religious legal family, there are no rules for imposing punishment in the presence of mitigating circumstances, which is caused by sustained influence of religion upon the criminal legal doctrine.

Keywords: rukls for reduction of punishment, comparative law, religious legal family, socialist legal family, Romano-Germanic legal family, Anglo-Saxon legal family, sentencing rules, mitigation of punishment, boundaries of reduction of punishment, rules for substitution of punishment

Abstract: The subject of this research is the political legal views of the German lawyer who supported the Nazi regime Otto Rilk upon the German competition law. The author examines O. Rilk’s attitude towards the objects protected by competition law, unfair competition, sources of legal regulation of the competition law, “Jewish impact” on competition law. The article explores the key aspects of seeing the issues of protecting competitiveness through the prism of ideology of the German National Socialism, as well as analyzes Rilk’s directives on expanding the discretional powers in the area of enforcing legal responsibility for unfair competition, and unification of law enforcement practice. This article is first within the Russian historical legal science to examine the Nazi totalitarian approach towards the problems of legal regulation of competition. Views of Rilk on competition law sought taking the legal protection of the whole, rather than the private to the absolute. Even when he spoke on protection of consumer rights, he implied protection of the entirety of German consumers from European traders, and not protection of private interests. The author reveals the connection between racism and anti-Semitism as system-forming elements of the Nazi ideology with the doctrine of competition law. A conclusion is made on the archaic, incompatible with the market economy views of Rilk on the competition law.

Keywords: general clause, law enforcement, unfair competition, Jewish impact, advertising, competitive law, legal regulation, enterprise, traders, sale